HBA-KDB H.B. 2244 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2244
By: Bosse
State Recreational Resources
3/21/2001
Introduced



BACKGROUND AND PURPOSE 

The Texas Parks and Wildlife Department (department) was created in 1963 by
merging the Game and Fish Commission with the State Parks Board.  The
department has two primary missions: to manage and protect the state's
natural and cultural resources and to provide outdoor recreation
opportunities for Texans.  The department is subject to the Texas Sunset
Act and will be abolished on September 1, 2001 unless continued by the
legislature.  As a result of its review of the department, the Sunset
Advisory Commission recommends continuation of the department and several
statutory modifications.  House Bill 2244 provides for the continuation of
the department, and contains the recommended modifications. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated  to Texas Parks and Wildlife Commission in
SECTION 13 (Section 11.0161, Parks and Wildlife Code), SECTION 15 (Section
11.0182, Parks and Wildlife Code), and SECTION 24 (Sections 11.202, 11.203,
and 11.205, Parks and Wildlife Code) of this bill. 

ANALYSIS

House Bill 2244 amends the Parks and Wildlife Code to provide for the
continuation of the Texas Parks and Wildlife Department (department) until
September 1, 2013 (Sec. 11.0111). 

The bill sets forth standard Sunset Advisory Commission recommendations
regarding policy implementation, public representation on the boards,
conflicts of interest, equal employment, member removal, member training,
designation of a presiding officer of the Parks and Wildlife Commission
(commission) by the governor, maintaining of written complaints, standards
of conduct, and development of an equal employment policy   (Secs. 11.002,
11.0121,11.0126, 11.014, 11.0161, 11.021, and 11.022). 

The bill requires the commission, or any committee of the commission with
at least five commission members serving on the committee, to provide an
opportunity for public testimony in an open meeting before making a major
decision (Sec. 11.0151). 

The bill requires the governor, in making appointments to the commission,
to attempt to include persons with expertise in diverse cultural, including
historical, and recreational fields (Sec. 11.012). 

The bill requires the executive director of the department (director) or
the director's designee to provide to agency employees information and
training on the benefits and methods of participation in the state employee
incentive program (Sec. 11.0127).  

The bill authorizes the commission to adopt rules to define the types of
complaints to which provisions relating to complaints and notification of
commission activities apply (Sec. 11.0161). 

The bill prohibits the department from contracting with a person regarding
a publication unless the  the  contract contains a provision that allows
the department to terminate the contract.  The bill requires the
department, to the extent a contract for a publication does not expressly
allow the department to terminate the contract, to negotiate a change to
the contract or pursue all appropriate legal remedies to modify or
terminate the contract and requires the department to attempt to fulfill
its duties for any existing contracts no later than March 1, 2002 (Sec.
11.0172 and SECTION 42). 

The bill requires the commission by rule to adopt policies to govern
fundraising activities by department employees on behalf of the department
and sets forth provisions regarding the content of the rules.  The bill
requires the director to approve and manage fundraising activities by
department employees on behalf of the department in accordance with
commission rules  (Sec. 11.0182). 

The bill requires the department to calculate the costs of each department
construction project as the project is completed and consider both direct
and indirect costs of department employees who perform project tasks.  The
bill authorizes the department to use the cost accounting procedures and
instructions developed by the State Council on Competitive Government
(council) and requires the council, on request, to provide technical
assistance to the department.  The bill requires the department, using the
costs calculated for completed projects, to evaluate the costs and benefits
of contracting with private entities or individuals to manage proposed
construction related tasks or projects (Sec. 11.0255).   

The bill prohibits the department from accepting a gift or other donation
from a business regulated by the department (Sec. 11.026).  The bill
authorizes a department employee to accept reimbursement for travel
expenses from the nonprofit partner selected by the department if the
employee has sufficiently documented the expense and the expense arose out
of the performance of an activity related to an employee's official duties
regarding the partner (Sec. 11.0261).   

The bill prohibits the department from accepting an advertisement for
placement in a publication sponsored or published by the department, or
from accepting a sponsorship or promotion of an event sponsored or
conducted by the department, from an entity that engages in the sale of
tobacco or alcoholic beverages (Sec. 11.0275). 

The bill requires the department to adopt a comprehensive approach to
managing Texas' public resources by inventorying all historical, natural,
recreational, wildlife resources owned by governmental agencies and
nonprofit organizations that offer public access.  The bill sets a
moratorium on most acquisitions until the department completes this
inventory.  The bill specifies that the department use the inventory to
develop a comprehensive statewide operational plan to guide the
department's decisions on acquisition, divestiture, local park grants, and
cooperation with private landowners, and requires the department to prepare
the initial plan no later than February 2, 2002 (Secs. 11.101 - 11.105 and
SECTIONS 40 and 41). 

The bill requires the department to improve its internal oversight of
commercial ventures by developing a business plan and sets forth provisions
relating to the department's statewide commercial projects (Secs. 11.151 -
11.156).  The bill sets forth provisions relating to nonprofit partnerships
with the department (Secs. 11.201 - 11.208).  The bill requires the
commission by rule to establish best practices with which nonprofit
partners are to comply (Sec. 11.202).  The bill requires the commission by
rule to require a nonprofit partner to comply with specified state
standards and safeguards for accounting for state assets held by the
nonprofit partner (Sec. 11.203).  The bill requires the commission by rule
to establish guidelines under which the official nonprofit partner is
authorized to solicit and accept sponsorships from private entities, and to
establish best practices under which the partner is authorized to engage in
activities (Sec. 11.205). 

The bill requires the department to study, identify, and develop a plan for
each ecological area in which the state has critical conservation needs and
requires the department to consider information contained in the statewide
inventory in developing the plan.  The department is required to  use the
plan to set priorities for requests for technical guidance.  The bill
requires the department to base a decision to provide guidance or money to
a landowner on the plan and on natural, ecological boundaries rather than
strictly defined property boundaries (Sec. 12.025). 
 
The bill prohibits the commission from classifying a historical site as a
historical park (Sec. 13.001). The bill requires the department, before
formulating a plan for the preservation and development of a historical
site, to conduct an archeological survey of the site.  The bill requires
the department, in formulating plans, to consider the results from the
archeological survey for the site if the plan is for a specific site,
consider the resources necessary to manage a site, and meet with and
consider comments made by the Texas Historical Commission (historical
commission).  The bill requires the department and the historical
commission to form a joint panel to establish criteria for determining
whether a site is of statewide significance and to promote the continuity
of a historic sites program (Sec. 13.005).  The bill requires the
department to meet regularly with the historical commission, and
periodically prepare reports, regarding plans to preserve and develop
historical sites in this state (Secs. 13.0051 and 13.0052).  The bill
prohibits the department from referring to a historical site as a
"historical park" in a department publication or on a department marker or
sign (Sec. 13.0053). 

The bill sets forth provisions relating to the study of the shrimp industry
and resources by the department and to report its finding to the
legislature and commission not later than September 1, 2002 (Sec. 77.005
and SECTION 43). 

The bill replaces references to the "chairman" of the commission with
"presiding officer" of the commission (Secs. 11.001, 11.0162, 21.013,
21.014, 22.055, and 81.206). 

The bill requires the department to report, not later than September 1,
2002, a study on the department's outreach and education activities and the
department's degree of compliance with provisions relating to prohibition
on alcohol and tobacco advertising and participation to the commission, the
House Appropriations Committee, the House State Recreational Resources
Committee, the Senate Finance Committee, and the Senate Natural Resources
Committee (SECTIONS 38 and 39). 

EFFECTIVE DATE

September 1, 2001.